When you have been injured in an accident, whether you were at a business, on the road, or on someone’s personal property, you are likely wondering who will take care of your medical bills and the other costs related to your accident. You may also have some questions regarding the process of filing a personal injury claim. At Lopez Roca Attorneys, we help victims of personal injury accidents in Miami.
What is a personal injury lawsuit?
When a person has been harmed by an injury or damage done to their person, property, or reputation, they can sue the liable party for damages. A personal injury attorney helps their clients by establishing clear evidence that the defendant owed a duty of care to the victim, breached that duty of care, and that that breach caused the victim’s injuries.
What is a duty of care?
A legal obligation imposed on an individual or entity that requires them to adhere to a standard of reasonable care while performing any activity that could potentially harm others is called a duty of care. Drivers are required to act towards the public with caution and attention while operating their motor vehicles. In other words, they have a duty of care to other drivers, cyclists, pedestrians, and other legal road users. Property owners have a duty of care to their guests by keeping their facilities safe and well-maintained and to warn of hidden dangers.
The Personal Injury Claim Process
Your personal injury claim begins at the moment the accident happens, but the question we often receive involves what happens next.
The Scene of the Accident
What you say and do at the scene of the accident is important for your personal injury claim. You don’t want to say anything that can jeopardize your claim before it has been investigated by an experienced lawyer. Take several pictures at the scene of the accident, as well as of your injuries.
The Pre-Litigation Phase
After your free consultation with Lopez Roca Attorneys, we begin investigating your claim and collecting all evidence available to us at this phase in litigation. During this phase of the lawsuit, your attorney calculates your total damages and sends a demand letter to the insurance company of the at-fault party. Your attorney and the insurance company will negotiate to reach a fair settlement. If the insurance company does not offer a reasonable settlement, then we will enter the litigation phase and will have to file a lawsuit against the at-fault party.
Hiring An Attorney
If we are unable to reach a settlement during the pre-litigation phase, your personal injury lawsuit will be filed with the courts. The defendant, or the person that you are suing, will then be served. They, or their attorney, will then respond with an Answer to the Complaint. This part of any case is called litigation. Lopez Roca Attorneys will litigate your case, through trial, to obtain the best possible results for you.
Contact Lopez Roca When You Need a Miami Personal Injury Attorney
Most personal injury attorneys try to settle for their clients rather than drag them through months or years of a trial. When you work with Lopez Roca Attorneys, you can trust that we always fight hard to get the maximum compensation for your injuries.